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When Party B invests in building a factory on Party A's land, how will Party A and Party B divide the compensation for the above-ground property?

Legal analysis: Party B can make compensation according to the contract signed with Party A, but the compensation collected belongs to Party A.. Expropriation refers to the administrative behavior that the expropriation subject country obtains the ownership of collective and individual property by administrative power and gives appropriate compensation based on the needs of public interests. Expropriation needs to be in accordance with the authority and procedures prescribed by law, and expropriation is legal. Citizens should actively respond and handle compensation matters.

legal basis: article 47 of the law of the people's Republic of China on the administration of land and land, if land is expropriated, compensation shall be given according to the original use of the expropriated land. Compensation fees for expropriation of cultivated land include land compensation fees, resettlement subsidies and compensation fees for attachments and young crops on the ground. The land compensation fee for expropriation of cultivated land is six to ten times the average annual output value of the cultivated land in the three years before expropriation. Subsidies for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated according to the number of cultivated land expropriated divided by the average number of cultivated land occupied by each expropriated unit before land expropriation. The resettlement subsidy standard for each agricultural population in need of resettlement is four to six times the average annual output value of the cultivated land in the three years before it is expropriated. However, the resettlement subsidy for each hectare of cultivated land to be expropriated shall not exceed 15 times the average annual output value of the three years before expropriation. The standards of land compensation fees and resettlement subsidies for expropriation of other land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of land compensation fees and resettlement subsidies for expropriation of cultivated land. The compensation standards for attachments and young crops on expropriated land shall be stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

the land-using unit shall pay the new vegetable field development and construction fund in accordance with the relevant provisions of the state. If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of the second paragraph of this article fails to maintain the original living standards of farmers who need resettlement, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the sum of land compensation fees and resettlement subsidies shall not exceed 3 times of the average annual output value in the three years before the land is expropriated. According to the level of social and economic development in the State Council, under special circumstances, the standard of land compensation fee and resettlement subsidy for cultivated land can be raised.